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PROCEEDINGS: January 5, 2010

STATE OF NEW YORK

DEPARTMENT O~ ENVIRONMENTAL CONSERVATION

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In the Matter

- of -

10 A public hearing regarding the proposed revisions to the

11 State Implementation Plans for Interstate Transport of PM

12 2.5.

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BEFORE:

January 5, 2010

11:00 a.m.

625 Broadway

Albany, New York

STEVEN E. FLINT, P.E.

Administrative Law Judge

LEGUIRE SHORTHAND REPORTERS
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3 PRE SEN T:

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FOR THE DIVISION OF AIR RESOURCES:

DIANA RIVENBURGH

LAURA STEVENS

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Members of the Public

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REPORTED BY: JACQUELINE M. BEYER

Shorthand Reporter and Notary Public

LEGUIRE SHORTHAND REPORTERS
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they can give a copy to me for the transcription by the

The purpose of this, hearing is to receive

Communications Handbook in Regional Haze pursuant to 40

CFR Section 51 ..8.

the matter of the Department's proposed revisions to the

State Implementation Plans for Interstate Tr,ansport of

PM 2.5 under Section 110(A) (2) (0) (i;) infrastructure

assessment under Section 110A and 2 of the Clean Air

In

Anyone

PRO C E E DIN G S:

MR. FLINT: WeJIl call this to order.

If anyone has their statement in'writing,

Revision of action levels in Air Pollution Episode

proceeding.

wishing to make a statement should fill out the

statement cards ~nd give it to me in which I will use to

call speakers in order I receive the cards.

My name is Steven Flint, and I am serving

as the hearing officer for the Department in this

matter~ All persons, organizations cooperations or

government agencies that may be affected by the proposal

are invited to submit either written or oral comments.

All statements taken today whether written or spoken

will be incorporated into the official record of this

public comment of the proposed revisions.

Act.

This is an administrative public hearing for the New

York State Department of Environmental Conservation.

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LEGUlRE SHORTHAND REPORTERS
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[PROCEEDINGS - 1/5/10J

e-mail address that may be used to submit comments by

of the notice of the hearing is published in the

December 2, "2009 edition of the Environmental Notice

received during the public comment period and oral

statements made in the hearing will be given equal

verbally. Written comments can also be submitted on or

before 5:00 p.m. on January 10, 2010, to Diana

Rivenburgh, New York State Department of Environment

Conservation Division of Air Resources at 625 Broadway,

Copies

My name is

Written statements

There's also an

Good morning.

Comments may also be faxed

I'm an Environmental Program

Statements are not given under oath nor

In addition, the notice was published in New

Please submit any lengthy statements in

If you wish, you may summarize such statements

Diana Rivenburgh.

behalf of the Department.

MS. RIVENBURGH:

Bulletin.

email, and that is airsips@gwtdec.state.ny.us.

York Newsday, New York Post, Albany Times Union, Glens

Falls Post Star, Syracuse Post Standard, Rochester

Democrat and Chronical, and Buffalo Evening News.

I will now call upon Diana Rivenburgh,

Division of Air Resources, to make a brief statement on

to Ms. Rivenburgh at (518) 402-9035.

Albany, New York 12233-3251.

weight.

writing.

will there be any cross-examination.

court reporter.

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LEGUIRE SHORTHAND REPORTERS
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or modified sources will not cause or contribute to air

revision includes an "infrastructure" demonstration

State Implementation Plan (SIP) as required by Section

sections 110 (A) (1) and (2) of the Clean Air Act, the

The revision

Also, pursuant to

The revision further demonstrates that

This "transport SIP" also affirms that new

The first proposal is a revision to the

visibility.

protect visibility in other states.

interstate transport of PM 2.5 does not interfere with

maintenance of the NAAQS by other states, nor interfere

with measures required by other states to prevent

significant deterioration of air qu~lity or protect

other states.

showing that New York's air program addresses basic SIP

requirements related to the attainment of any new or

pollution in excess of the NAAQS for PM 2.5, and that no

source in New York interferes with measures intended to

110(a) (2) (0) (i) of the Clean Air Act.

proposals:

demonstrates that interstate tr.ansport of particulate

matter 2.5 microns or less in size, also known as PM

2.5, does not contribute significintly to non-attainment

of national ambient air quality standard (NAAQS) in

[PROCEEDINGS - 1/5/10J

Specialist 2 in the Division of Air Resources of the

New York State Department of Environmental Conservation

in Albany, New York.

This hearing addresses three separate

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LEGUIRE SHORTHAND REPORTERS
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[PROCEEDINGS - 1/5/10J

"Air Pollution Episode Communication Handbook", which is

steps to be taken by the air contamination source owner

to reduce emissions during each stage of an air

implement the requirements of Section 110 (A) (2) (G) of

the Clean Air Act, Emergency Powers and Contingency

used by DEC to implement 6 NYCRR Part 207, Control

Measures for Air Pollution Episode (Part 207).

Part 207 requires an owner of a

significant air contamination source to submit a

proposed episode action plan within 90 days of a request

The plan

The thresholds "are found in the

The plans must contain detailed

The plan is also intended to

environmental quality.

by the Department.

Plans, as they apply to New York State.

revised NAAQS, including emission inventories,

monitoring and modeling to assure attainment,

maintenance and enforcement of the standard.

The second proposal revises the air

quality thresholds that trigger corrective action during

an Air Pollution Episode. An air pollution episode, "as

designated by the Commissioner of the New York State

Department of Environmental Conservation, occurs when

weather conditions and/or concentrations of one or more

air contaminants require immediate action to prevent

further air contamination or damage to life, property or

pollution episode.

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LEGUIRE SHORTHAND REPORTERS
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detailed in 64 FR 357124 is to reduce haze to natural,

Regional Haze Rule requires states to focus on the first

York State emissions and corresponding emission

reductions in other by 2018 will help states meet the

revision demonstrates how reducing emissions that impair

visibility, including sulfates, nitrates, particulate

matter, ammonia, and volatile organic compounds, will

decrease visibility impairment in downwind Class I

The

The

The decrease in New

Although New York State has no

The overall goal of the Federal Haze Program,

planning period that ends in 2018.

ultimate 2064 goal.

pre-industrial conditions in these areas by 2064.

areas.

related to federal Regional Haze requirements.

[PROCEEDINGS - 1/5/10]

incorporates the federal Air Quality Index and

associated Significant Harm Levels for criteria

pollutants as alert levels for air pollution episodes.

An updated list of contacts and responsibilities in the

event of an air pollution episode is also included.

The third proposal revises New York's SIP

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revision satisfies the requirements "of the federal haze

program found in 40 CFR Section 51.8 by evaluating the

Class I areas, emissions in the state contribute to

visibility degradation in downwind Class I areas in

several other states including Maine, New Hampshire, New

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Jersey, Vermont, Virginia, and West Virginia. This SIP

LEGUIRE SHORTHAND "REPORTERS
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[PROCEEDINGS - 1/5/10J

current and future projected inventory ·of sources,

assessing the progress necessary to reduce emissions to

meet the 2018 goal, providing for consultation with

other states, tribes and federal land managers (FLMs) to

establish progress goals, and'developing New 'York's

regionals emission reduction implementation strategy.

The New York State implementation strategy was developed

in consultation with other states, tribes, FLMs, and the

Environmental Protection Agency (EPA).

These three proposals are the subject of

today's hearing and conform to Clean Air Act

requirements.

Comments for all three proposals will be

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14 accepted until 5:00 p.m. on January 12, 2010. I wish to

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thank today's participants in these proceedings and look

forward to receiving your commentsS

• Thank you.

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MR. FLINT:

the floor to comments.

Thank you, Diana. Now open

I would" first go to comment

19 cards. Having none, I would ask if there are any

20 comments. There are none. I now have 11:10, let's go

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off the record.

(Discussion was held off the record.)

23 MR. FLINT: I'm now showing 11:25, we're

24 "back on the record. Let me first correct a mistake that

25 I made earlier in the transcript here.

LEGUlRE SHORTHAND REPORTERS !

The comment
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[PROCEEDINGS - 1/5/10]

period in actuality closes on January 12, 2010, at 5:00

p.m. The floor is open for comments·. However, there is

no one here, so at this point we will close the record.

Go off the record. Thank you.

(Whereupon, at 11:26 a.m., the proceedings

in the above-entitled matter were concluded.)

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C E R T I FIe A T ION

I, JACQUELINE M. BEYER, a Shorthand Reporter and

Notary Public of the State of New York, do hereby

certify that the foregoing record taken by me at the

time and place as noted in the heading hereof is a true

and accurate transcript of same to the best of my

ability and belief.

. 'Jvt /1 . , ' "fj...~,. "

r' 'I.{"~U Lt-"-"' , ,Yo ),f~

\ u

JACQUELINE M. BEYER

Shorthand Reporter and

Notary Public

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Date: January 24, 2010

LEGUIRE SHORTHAND REPORTERS